[Ord. 1460{5}, 1/19/1995, Section 1; amended by Ord. 1987,
4/16/2012]{10}
a.
Title. This ordinance shall be known and may be cited as the "State
College Noise Control Ordinance."
b.
Purpose. This ordinance aims to ensure that public health, safety
and welfare shall not be abridged by the making and creating of public
nuisances from disturbing, excessive or offensive noises in the Borough
of State College. The residents of State College recognize that uncontrolled
noise represents a danger to the health and welfare of their neighbors
and that each person in the community is entitled to live in an environment
in which the level of noise is minimized for the community good. This
ordinance attempts to foster mutual respect among residents and to
establish a community position against noise pollution. The community
believes that it should rely on the good sense of all residents to
respect one another's living and working environments and one
another's right to an environment that is free from noise disturbances.
c.
Scope. This ordinance applies to all persons, property, animals,
equipment, appliances, instruments and other sound-emitting devices,
as regulated herein.
d.
Relationship with Other Restrictions. The provisions of this ordinance
are not intended to interfere with, abrogate or annul other rules,
regulations or ordinances, including Title 18 (Crimes Code) and Title
75 (Vehicle Code), Pennsylvania Consolidated Statutes. If more stringent
requirements concerning noise abatement are contained in the other
rules, regulations or ordinances, the more stringent regulation shall
apply.
[Ord. 1460, 1/19/1995, Section 2; amended by Ord. 1704, 7/22/2002,
Section 1; Ord. 1987, 4/16/2012]
Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms have the following meanings:
The Borough of State College, Centre County, Pennsylvania.
Any occurrence or set of circumstances involving actual or
imminent physical or psychological trauma or property damage which
demands immediate action.
Any work performed for the purpose of alleviating or resolving
an emergency.
Any motor-powered vehicle designed to carry at least one
passenger or driver and of the type typically licensed for use on
the public highways.
Any sound emitted by a person, an appliance, equipment, instrument,
other device or an animal other than a barking dog.
Those unlawful noises prohibited in § 5-103 of
this chapter that have been deemed to disturb the comfort, repose
or peace of others within the Borough.
An individual, firm, association, organization, partnership,
trust, company, corporation or any other similar entity.
Any sound that can be detected by a person of normal sensibilities
using his or her unaided hearing facilities.
The traveled portion of any street or alley or similar place
which is owned or controlled by the Borough or other governmental
entity.
Something audible: something that can be heard; vibrations
sensed by ear: vibrations traveling through air, water, or some other
medium, especially those within the range of frequencies that can
be perceived by the human ear. The description of sound may include
any characteristic of such sound, including duration, intensity and
frequency.
Any radio, record player, tape deck or player, loud speaker,
amplifier, sound track or other device for producing, reproducing
or amplifying sound, except, however, "sound equipment" does not include
mobile radio or telephone signaling devices and automobile and truck
radios, tape decks or players or other such standard equipment used
and intended for the use and enjoyment of the occupants, provided
that the sound emitted therefrom is not audible for more than 50 feet
from such automobile or truck.
Sound that is of a volume, frequency, or pattern that prevents,
disrupts, injures, or endangers the health, safety, welfare, comfort
or repose of reasonable persons of ordinary sensitivities within the
Borough of State College, given the time of day, day of week, location,
and/or other relevant factors in which and where the sound is made.
[Ord. 1460, 1/19/1995, Section 3; amended by Ord. 1987, 4/16/2012]
a.
Except as otherwise provided in this chapter, it shall be unlawful
for any person to make or cause to be made any unreasonable noise
or to allow any unreasonable noise to be caused or made in or on any
real or personal property occupied or controlled by that person.
b.
In addition to the foregoing, it shall also be unlawful for any person
to create, assist in creating, or as owner, lessee or occupant of
the property on which the activity is located permit any of the following
acts:
(1)
Radios, stereos, and musical instruments. The playing of any radio,
stereo, television set, amplified or unamplified musical instrument,
loudspeaker, tape recorder, compact disc player, or other such electronic
sound-producing devices, in such a manner or with volume that is:
(a)
Plainly audible beyond the property line of a single-family
dwelling unit from which it is generated or outside of the duplex
dwelling unit or individual dwelling unit of the multiple-family dwelling
unit from which it is generated; or
(b)
Plainly audible at a distance of 50 feet from the vehicle in
which it is generated; or
(c)
Plainly audible at a distance of 50 feet from its location on
public property or private property open to the general public.
(d)
Causing or has caused vibrations with a bass within a dwelling
unit or within a vehicle other than the unit or vehicle from which
it is/was generated.
(2)
Shouting and whistling. Continuous or repeated yelling, shouting,
loud whistling, or loud singing, so as to disturb the peace, comfort,
or repose of others within the Borough by being plainly audible to
persons within any dwelling, hotel, hospital, office or other type
of residence other than that from which it originates.
(4)
Whistles or sirens. The blowing of any amplified or electronic whistles,
vuvuzelas, air horns or sirens, except to give notice of the time
to begin or stop work or as a warning of fire or other danger.
(5)
Loading Operations. Loading, unloading, opening or otherwise handling
boxes, crates, containers or similar objects between the hours of
9:00 p.m. and 7:00 a.m. the following day in such a manner as to create
a noise disturbance within a residential district, except during an
emergency.
(6)
Construction Noise. Operating or causing to be operated any equipment
used in construction, repair, alteration or demolition work on buildings,
structures, streets, alleys or appurtenances thereto in the following
manner:
(a)
With sound control devices or standard noise-reducing equipment
which has been tampered with or not being operated within the manufacturer's
specifications or otherwise not in proper operating condition; or
(b)
Between the hours of 7:00 p.m. and 7:00 a.m. the following day
on weekdays and Saturdays and between 7:00 p.m. on Saturday evenings
and 9:00 a.m. on Sunday, which creates a noise disturbance, unless
otherwise exempted in this ordinance, or by an act of Council.
(7)
Power Equipment. Operating, or permitting to be operated, any power
saw, sander, drill, grinder, garden equipment or tools of a similar
nature, outdoors between the hours of 9:00 p.m. and 7:00 a.m. weekdays
and Saturdays and between 9:00 p.m. on Saturday evenings and 9:00
a.m. on Sundays, in such a manner as to create a noise disturbance.
(8)
Explosives, Firearms, Fireworks, or Similar Devices. The use or firing
of explosives, firearms, fireworks, or similar devices which create
a noise disturbance.
(9)
Devices to attract attention. The continuous or repeated use of any
drum, loudspeaker, amplifier, or other instrument or device for the
purpose of attracting attention so as to disturb the peace, comfort,
or repose of others within the Borough by being plainly audible to
persons within any dwelling, hotel, hospital, office or other type
of residence other than that from which it originates.
(10)
Other excessive noise. The creation of any other excessive or
unreasonably loud noise which disturbs the peace, comfort, or repose
of others within the Borough by being plainly audible to persons within
any dwelling, hotel, hospital, office or other type of residence other
than that from which it originates.
[Ord. 1704, 7/22/2002, Section 2; amended by Ord. 1987, 4/16/2012]
a.
None of the terms or prohibitions of § 5-103 shall apply
to or be enforced for any of the following:
(1)
Safety and Warning Devices. Safety signals and warning devices (e.g.
stationary emergency signal devices, intrusion alarms, back-up alarms
on trucks, police/fire/ambulance sirens) or any other device used
to alert persons to an emergency or used during emergency work.
(2)
Highway and utility maintenance and construction. Necessary excavations
in or repairs of bridges, streets, or highways, or any public utility
installation by or on behalf of the Borough, or any public utility
or any agency of the Commonwealth of Pennsylvania, during the night
or on Sunday, when the public health, safety, or welfare necessitates
the performance of the work at such time.
(3)
Municipal Facilities or Public Utilities. The provision, repair and
maintenance of municipal services, facilities, or public utilities.
(4)
Law Enforcement. The sounds made or caused to be made by law enforcement
officials in the performance of their official duties such as sirens,
two-way radio communications, public address systems, the discharging
of a firearm, aircraft, etc.
(5)
State College Area School District or State College Borough. Musical,
recreational and athletic events conducted by State College Area Schools
or the Borough including such outdoor practices as may be necessary
in preparation for such events.
(6)
Bells, chimes and carillons. Bells, chimes and carillons used for
religious purposes or in conjunction with national celebrations or
public holidays; existing bells, chimes and carillons and clock strike
mechanisms that are currently in use for any purpose.
(7)
Appliances, lawn and garden equipment or household power tools. Appliances,
lawn and garden equipment or household power tools in use between
the hours of 7:00 a.m. and 9:00 p.m., provided such are operated within
the manufacturer's specifications and with all standard noise
reducing equipment is in use, unmodified and in proper operating condition.
(8)
Air conditioners, fans, heating units. Air conditioners, fans, heating
units and similar devices of less than eight tons heating or cooling
capacity, provided such are operated within the manufacturer's
specifications and all reasonable measures have been taken to reduce
noise levels as required by the Noise Abatement ordinance.[1]
(9)
Snow removal. The operation of snow removal equipment necessary for
the removal of snow or ice from public or private streets, alleys,
drives, sidewalks, and parking areas, provided that any motor vehicle
used for snow removal which is required to be licensed shall be equipped
with an exhaust system in good working order to prevent excessive
or unusual noise and shall be equipped to prevent engine noise in
excess of the limits established by the laws or statutes of the Commonwealth
of Pennsylvania. Also, any motor-driven vehicle of a type not subject
to registration for road use or domestic snow removal equipment shall
be equipped with an exhaust system or mufflers in good working order
to prevent excessive or unusual noise.
(10)
Construction Equipment. Heavy construction equipment (including
pile drivers, crawler-tractors, bulldozers, rotary drills and augers,
loaders, power shovels, cranes, derricks, motor graders, paving machines,
ditchers, trenchers, compactors, scrapers, pavement breakers, compressors,
pneumatic power equipment and similar devices) in use between the
hours of 7:00 a.m. and 7:00 p.m. on weekdays and Saturdays, and between
9:00 a.m. and 7:00 p.m. on Sundays, for the duration of such construction
and demolition work, provided such are operated within the manufacturer's
specifications and with all standard noise-reducing equipment in use,
unmodified and in proper operating condition.
(11)
Parades, festivals and similar events. Borough approved or sponsored
parades, festivals, fairs, music or other events.
(12)
Aircraft. Any aircraft operated in conformity with, or pursuant
to, federal law, federal air regulations, and air traffic control
and instructions and pursuant to and within the duly adopted federal
air regulations.
(13)
Special Waivers. Activities permitted by emergency waiver, as
provided herein, and activities conducted in accordance with special
activity permits for use of public property or the public rights-of-way,
approved by Borough Council.
[Ord. 1460, 1/19/1995, Section 4; amended by Ord. 1704, 7/22/2002,
Section 3; Ord. 1987, 4/16/2012; Ord. 2066, 12/15/2015, Section 2]
a.
Any person found guilty of violating provisions of this ordinance,
shall be fined not less than $750 for the first offense, and not less
than $1,000 for any subsequent offenses in any one-hundred-twenty-day
period and, upon failure to pay such fine, shall be sentenced to jail
for a term not to exceed 30 days for each offense.
b.
A penalty provided for under this ordinance may be imposed in addition
to any penalty that may be imposed for any other criminal offense
arising from the same conduct.
c.
A separate and distinct offense shall be committed each day that
a violation of the terms of this ordinance continues to exist.
[Ord. 1460, 1/19/1995, Section 5; amended by Ord. 1704, 7/22/2002,
Section 4; Ord. 1987, 4/16/2012]
The provisions of this ordinance shall be enforced by Borough
Police Officers, Borough Ordinance Enforcement Officers, and others
designated by the Borough Manager.
[Ord. 1460, 1/19/1995, Section 6; amended by Ord. 1704, 7/22/2002,
Section 4; Ord. 1987, 4/16/2012]
A temporary waiver from strict compliance with the noise standards
specified herein may be granted to persons for emergencies, as determined
by the Borough Manager, to protect health and safety or to comply
with other lawful rules, regulations and ordinances.
[Ord. 1460, 1/19/1995, Section 7; amended by Ord. 1704, 7/22/2002,
Section 5; Ord. 1914, 12/15/2008, Section 3; Ord. 1987, 4/16/2012]
If any section, subsection, sentence, clause, phrase, word,
or other portion of this ordinance is, for any reason, held to be
unconstitutional or invalid, in whole, or in part, by any court of
competent jurisdiction, such portion shall be deemed severable, and
such unconstitutionality or invalidity shall not affect the validity
of the remaining portions of this ordinance, which remaining portions
shall continue in lull force and effect.
